TEHSIL MUNICIPAL, ADMINISTRATION FAISALABAD CITY Versus MUHAMMAD SALEEM

ORDER

It is, inter alia, contended that the judgment impugned is in violation of the principles as laid down in case titled Town Committee Ghakhar Mandi v. Authority under the Payment of Wages Act. Gujranwala and 57 others. (PLD 2002 SC 452). It is also contended that the 'petitioner is not involved in making, altering and preparing any Article or substance with a view to its sale and transportation and thus the provisions as contained in clause (j) in section 2 of the Factories Act. 1934, are not applicable in the case of the petitioner.

2. Mr. N.A. Butt, Advocate Supreme Court for respondent is present and controverted the view-point taken by the learned counsel on behalf of the petitioner and submitted that the controversy could not be resolved unless and until evidence is recorded, which-is being recorded.

3. Be that as it may in view of the dictum as laid down in Town Committee's case (supra), prima facie, it appears that it has been ignored.

4. The contentions agitated hereinabove on behalf of the parties need consideration. We are therefore, inclined to grant leave; meanwhile the status quo, is directed to be maintained.

H.B.T./T-54/S Leave to appeal granted.